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(영문) 부산지방법원동부지원 2019.06.19 2017가단211964
전부금 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 against E Co., Ltd.) The Plaintiff is a person engaging in construction machinery rental business with the trade name “F”, and E Co., Ltd. (hereinafter “E”).

(2) In accordance with the construction machinery lease agreement entered into with the Defendant from December 1, 2014 to April 2015, the Plaintiff filed a lawsuit against the Plaintiff seeking payment of KRW 67,320,90 of the soil and sand transport cost under the Busan District Court Decision 2015Da62193, Jun. 15, 2017 (E means the Plaintiff’s KRW 61,320,90 and its amount from May 15, 2015 to June 15, 2017; and KRW 5% per annum from the next day to June 15, 2017; and KRW 15% per annum from the next day to the date of full payment).

B. Claim attachment and assignment order 1) The Plaintiff’s claim, such as the fee of KRW 67,320,900 against E, shall be deemed as the claim amounting to the Busan District Court Decision 2015Kadan6605, the obligor E’s claim for the construction payment against the third obligor of the obligor E (hereinafter “each construction payment claim of this case”).

(C) On September 8, 2015, an application for provisional seizure of claims against the amount until the amount reaches the above claim amount is filed, and the provisional seizure order on September 8, 2015 (hereinafter “instant provisional seizure order”).

67,320,900 won debtor receives from the third debtor ① Construction of H Association located in Busan G, etc.; ② Construction of Ltel in K and eight lots; ③ Construction of Changwon-si M apartment; and ③ Construction of Changwon-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si

Finally, the above ruling was served on the Defendant, who is the garnishee on September 10, 2015.

2 After that, Busan District Court Decision 2015Kadan404 decided September 11, 2015

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